"You don’t give them a trial. They are not entitled to lawyers. They are not entitled to go before judges," Sessions said just minutes before the vote began. "They are prisoners of war and they are held in prisoner of war camps."

But Sessions added he believed Verrilli to be a "fine lawyer."

The solicitor general is appointed by the president to represent the federal government before the Supreme Court.

He replaces Kagan, who was nominated to the Supreme Court last May and confirmed by the Senate in August.